Summary
In a custody battle involving jurisdictional issues between Oregon and Idaho, you should file a Motion to Modify Custody in the state with initial jurisdiction, register the custody order in the other state, and file a Motion to Enforce Visitation Rights. Provide evidence and a declaration in both filings. If false accusations are made, consider filing a Motion for Contempt and a grievance for perjury. Consult an attorney for personalized advice.Full Conversation
I am in the midst of a custody battle with my son Ryder;s father Tyson Hunt. I had custody of my son who lived with me in Oregon and Tyson as well. But Tyson ended up taking him to idaho without my permission and doesnt allow me to speak to him or see him. He lied and climed residency in idaho so that Oregon wouldnt help me get him back. I had our custody agreement registered in Oregon state prior to him filing for temporary custody to which he was granted. He mad dase claims about me to which i can prove, to help him gain custody of my son, and is on contempt for not letting me see or talk to my son, which the courts have ordered him to do multiple times. He lied to police and the courts about his time in idaho to obtain residency and he lied about me to otain emergency custody. I believe there is juristictional issues along with many other illegal things tyson is doing and i need to know what steps and what paperwork to file to allow the judge to see my side of things and for me to show the evidence i have proving that tyson lied about nearly everything in his affidavite and motion for custody. what do you recommend i file with the courts to get the best results and let the judge see the truth
I'm sorry to hear about your situation. Here's a general guidance:
*. File a Motion to Modify Custody in Oregon since the original custody order was from Oregon.
*. Attach evidence supporting your claims against Tyson.
*. Include a declaration explaining your side of the story.
*. You might consider filing a complaint for contempt if Tyson isn't following court orders.
Please consult an attorney for personalized advice.
The original custody agreeement was from idaho not oregon but i had it registred legally in oregon before tyson filed anythihng in idaho
Thank you for clarifying, Bobbi. In this case, you should:
*. File a Motion to Modify Custody in Idaho, as it was the state with initial jurisdiction.
*. Register your Idaho custody order in Oregon.
*. File a Motion to Enforce Visitation Rights in Oregon.
*. Include evidence and a declaration in both filings.
Please consult a lawyer for personalized advice.
if i filed in the proper amount of time to have have it registred in oregon then oregon should be the state with juristiction on the matter not idaho, especially since they werent in idaho for the length of time that tyson is claiming they were. they were still in oregon and i can prove that to the judge and i can prove that i registred the agreement prior to anything being filed in idaho by tyson
In Oregon, jurisdiction can be complex, especially in custody matters. If you can prove residency and timing, you could:
*. File an objection to jurisdiction in Idaho.
*. File a motion to establish jurisdiction in Oregon.
*. Provide evidence of residency and timing.
Please consult an attorney for your specific case.
can tyson get in trouble for making false aqusations against me in his filings he lied mulpiple times and he is not following the courts orders and he never has since the beginning. nothing has been done about it. what would you do if you were my attorney to make sure he is held accountable for these things
As a legal advisor, some potential steps could be:
*. File a Motion for Contempt for not following the court's orders.
*. Submit a grievance for perjury if he lied under oath.
*. Include evidence of his false accusations in your filings.
*. Seek advice from an attorney to explore potential legal remedies.
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